The Supreme Court issued notice raising an important transitional question under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), whether Section 223 which grants the accused the right to be heard at the stage of cognizance applies when a prosecution complaint was filed before 1 July 2024 but cognizance was taken after the BNSS came into force.
A Bench of Justice M.M. Sundresh and Justice N. Kotiswar Singh described the issue as a ‘grey area’ and clarified that all further proceedings will be subject to the outcome of the case.
The matter has divided High Courts while some have applied Section 531 BNSS’s saving clause to hold that BNSS will not govern complaints filed pre-July 2024, the Punjab & Haryana High Court in Sikandar Singh v. Enforcement Directorate, 2024 SCC OnLine P&H 2765 held that BNSS applies if cognizance is post-July, regardless of filing date. Earlier, in the Kushal Aggarwal v. Enforcement Directorate, 2024 SCC OnLine SC 406 matter, Retd. Justice Abhay S. Oka ruled that Section 223 applies only if the complaint is filed after 1 July 2024, leaving supplementary complaints unresolved.
The Court’s ruling is expected to bring clarity to trial courts nationwide on whether to apply the Criminal Procedure Code, 1973 or the BNSS, 2023 in transitional cases, a determination that could significantly affect procedural timelines, evidentiary rules, and accused persons’ rights.
Appearances:Â
Petitioner :Â Ayush Kaushik and Abhay Pratap Singh, AOR;
Respondent:Â Special Counsel Zoheb Hussain.
